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OHIO’S INJURY & SOCIAL SECURITY DISABILITY FIRM Workers' Compensation - Social Security Disability - Personal Injury

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Your Social Security Disability Benefit Has Been Approved. Yeah! Now, How Does Your Workers' Comp Benefit Affect the Monthly Amount?

December 12, 2015 by Robert L. Heller

Whew! Your Social Security Disability claim has finally been approved, and you’re feeling a sense of relief that a monthly benefit will now be paid to you. The questions are over, right?

Unfortunately, not.  The Social Security Administration must now determine how much your monthly benefit will be. Your benefit may be reduced for a variety of reasons. One of the most common (and more confusing) offsets is created by your Workers’ Compensation benefits.

Here’s a breakdown of what we mean:

How to Figure the Reduction

Your monthly Social Security Disability benefits are added together with your Workers’ Compensation benefits.  If the total amount of these benefits exceeds 80% of your average current earnings, the excess amount is deducted from your Social Security Disability benefit. Your average current earnings are calculated based off your earnings prior to becoming disabled.

Ask Questions

Workers’ Compensation offsetcan be incredibly confusing. We understand your frustration. It’s important to ask questions and be informed of any reduction in your benefit to ensure that it’s accurate.

It’s also important to inform the Social Security Administration immediately of any change to your Workers’ Compensation benefit.  That would include a change to your monthly benefit and any settlement associated with your Workers’ Compensation claim.  These changes will result in an increase or reduction of your Social Security Disability benefit.  Not informing the Social Security Administration of an increase in your Workers’ Compensation benefit could result in a dreaded overpayment situation.  (Please search our blog for other posts that explain overpayment in greater detail.)

This blog post only touches on the tip of the iceberg when dealing with offsets and your Social Security Disability benefit.  It is always a good idea to contact an Ohio Social Security Disability Lawyers who can walk you through this process, and answer the questions that you will inevitably have.

 

About the Author

Robert L. Heller
Robert L. Heller has practiced law in Ohio for nearly 40 years, devoting his entire career to helping disabled people in the Mahoning Valley to pursue needed benefits. A native of Warren, Ohio, Robert earned his undergraduate degree from Miami University of Ohio and his law degree from the University of Toledo College of Law. He also studied public administration at American University in Washington, D.C. He is admitted to practice in Ohio state courts, U.S. District Court for the Northern District of Ohio and Sixth Circuit U.S. Court of Appeals as well as a member of the National Organization of Social Security Claimant Representatives (NOSSCR).

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